An Austin teenager who spent five months behind bars for allegedly making a terroristic threat on Facebook wants his case tossed out.

Last February, Justin Carter posted remarks on Facebook threatening to “shoot up a kindergarten” and “letting the blood of the innocent run down."

In March, he was arrested for making terroristic threats and jailed. He was released in July after an anonymous donor posted his bond.

“He’s been accused of saying something stupid and that’s not a crime,” said Carter’s attorney, Don Flanary, following a hearing in San Antonio on Monday seeking to have the charges against his client dismissed.

Carter’s father said that his son’s remarks were part of a Facebook game his son was playing and were not intended as a threat to anyone.

“He absolutely would never hurt anyone and has no intention -- and never had any intention -- of hurting anyone and the idea is just absolutely ridiculous to me,” said Jack Carter.

Prosecutors insisted that the indictment was not flawed, as Flanary claimed during the hearing. They asked to proceed to trial with the case.

The judge said he would consider Monday’s oral arguments and briefs submitted by both sides and would issue a ruling on Carter’s motion to have the charges dismissed before the end of the week.

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